[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0228
HB1099 Enrolled LRB9101087RCks
AN ACT to amend the Criminal Code of 1961 by adding
Section 17-23.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
adding Section 17-23 as follows:
(720 ILCS 5/17-23 new)
Sec. 17-23. Fraudulent schemes and artifices.
(a) Fraud by wire, radio, or television.
(1) A person commits wire fraud when he or she:
(A) devises or intends to devise a scheme or
artifice to defraud or to obtain money or property
by means of false pretenses, representations, or
promises; and
(B) (i) transmits or causes to be transmitted
from within this State; or
(ii) transmits or causes to be
transmitted so that it is received by a person
within this State; or
(iii) transmits or causes to be
transmitted so that it is reasonably
foreseeable that it will be accessed by a
person within this State:
any writings, signals, pictures, sounds, or electronic or
electric impulses by means of wire, radio, or television
communications for the purpose of executing the scheme or
artifice.
(2) A scheme or artifice to defraud using
electronic transmissions is deemed to occur in the county
from which a transmission is sent, if the transmission is
sent from within this State, the county in which a person
within this State receives the transmission, and the
county in which a person who is within this State is
located when the person accesses a transmission.
(3) Wire fraud is a Class 3 felony.
(b) Mail fraud.
(1) A person commits mail fraud when he or she:
(A) devises or intends to devise any scheme or
artifice to defraud or to obtain money or property
by means of false or fraudulent pretenses,
representations or promises, or to sell, dispose of,
loan, exchange, alter, give away, distribute,
supply, or furnish or procure for unlawful use any
counterfeit obligation, security, or other article,
or anything represented to be or intimidated or held
out to be such counterfeit or spurious article; and
(B) for the purpose of executing such scheme
or artifice or attempting so to do, places in any
post office or authorized depository for mail matter
within this State, any matter or thing whatever to
be delivered by the Postal Service, or deposits or
causes to be deposited in this State by mail or by
private or commercial carrier according to the
direction on the matter or thing, or at the place at
which it is directed to be delivered by the person
to whom it is addressed, any such matter or thing.
(2) A scheme or artifice to defraud using a
government or private carrier is deemed to occur in the
county in which mail or other matter is deposited with
the Postal Service or a private commercial carrier for
delivery, if deposited with the Postal Service or a
private or commercial carrier within this State and the
county in which a person within this State receives the
mail or other matter from the Postal Service or a private
or commercial carrier.
(3) Mail fraud is a Class 3 felony.
(c) Financial institution fraud.
(1) A person is guilty of financial institution
fraud who knowingly executes or attempts to execute a
scheme or artifice:
(i) to defraud a financial institution; or
(ii) to obtain any of the moneys, funds,
credits, assets, securities, or other property owned
by, or under the custody or control of a financial
institution, by means of pretenses, representations,
or promises he or she knows to be false.
(2) Financial institution fraud is a Class 3
felony.
(d) The period of limitations for prosecution of any
offense defined in this Section begins at the time when the
last act in furtherance of the scheme or artifice is
committed.
(e) In this Section:
(1) "Scheme or artifice to defraud" includes a
scheme or artifice to deprive another of the intangible
right to honest services.
(2) "Financial institution" has the meaning
ascribed to it in paragraph (i) of subsection (A) of
Section 17-1 of this Code.
[ Top ]